G.O.(Ms) No.81, Disciplinary cases, Review of suspension pending enquiry into grave charges, Time limit for finalization of disciplinary proceedings, Compendium of instructions

What this document is

The Human Resources Management Department, in G.O.(Ms) No.81 dated 04.08.2022, issues a compendium of instructions on disciplinary cases, especially review of suspension pending enquiry into grave charges and time limits for finalizing disciplinary proceedings. It restates earlier instructions and slightly modifies them after court observations and legal advice.

Who it affects

This document affects Tamil Nadu Government servants and the authorities who suspend them, investigate charges, conduct enquiries, and decide disciplinary action. It is mainly for departments, Heads of Department, Government, and the Director of Vigilance and Anti-Corruption.

Why it was issued

The text says authorities were not reviewing suspension cases in time and were not following earlier time limits for disciplinary cases. This had led to adverse comments from the High Court, delay in proceedings, unnecessary litigation, and prolonged payment of subsistence allowance without work being taken from the suspended employee.

Main instructions

• Suspension must be used carefully and with restraint.
• Before suspending a Government servant, the authority must decide that suspension is necessary and record a reasoned conclusion that it is in the public interest.
• Pending suspension cases must be reviewed periodically to decide whether suspension should continue or be revoked.
• In disciplinary proceedings that are contemplated, action should be started immediately and normally finalized within six months.
• In matters referred to the Director of Vigilance and Anti-Corruption for enquiry, the enquiry should be completed and the report sent to Government through the Vigilance Commission within one year.
• Before the expiry of three months in relevant cases, the authority must report progress, reasons for delay, further time needed, and reasons for continuing suspension, if continuation is considered essential.
• After that, progress reports must be sent every three months so Government can review suspension and case progress.
• The Head of the Department or Government must examine the stage of the case and permit continued suspension beyond three months or six months.
• Disciplinary authorities must ensure delay is not caused by the Government servant and that notices reach the suspended employee without delay.
• When charges are issued, the disciplinary authority must examine whether public interest or the needs of further proceedings require continued suspension.
• The stated time limits do not apply to Government servants against whom criminal proceedings have been initiated.
• If continued suspension is not necessary, suspension may be revoked under the cited service rules.

Time limits mentioned in the document

The document includes stage-wise limits such as:

• 30 days for the delinquent officer to peruse records and submit written explanation.
• 7 days for appointment of an enquiry officer after receipt of the explanation, wherever necessary.
• 30 days for the enquiry officer to complete the enquiry and submit the report.
• 10 days for the disciplinary authority to take a decision after receiving the enquiry officer's report.